Reproductive Rights Advocates Hold Day of Action to Sound Alarm About SCOTUS Case and Support Proactive New Hampshire Legislation to Protect Access to Safe, Legal Abortion 

CONCORD - On Wednesday, December 1, 2021, Planned Parenthood New Hampshire Action Fund and allies held a Day of Action at the state capitol to coincide with the Supreme Court oral arguments in Dobbs v. Jackson Women’s Health Organization, challenging Mississippi’s 15 week abortion ban, which could overturn Roe v. Wade. The event publicly launched the campaign to support LSR 2022-2704 and LSR 2022-2994, proactive legislation in the House and Senate respectively that will enshrine protections for access to safe, legal abortion in state statute, and highlight the need to repeal the cruel abortion ban and ultrasound mandate which will take effect January 1.

After the event and press conference, the following statements were released:

“We are at a crisis moment for abortion rights: the threat to the constitutional right to an abortion has never been greater in our country. Six months from now, abortion could be illegal in half the country. One in four women of reproductive age in this country has had an abortion; everyone knows and love someone who has had an abortion. We’re grateful to have the support of allies and advocates who joined us today on the State House steps to urge lawmakers to take action now to protect access to safe, legal abortion in the Granite State, because abortion is essential,” said Kayla Montgomery, Vice President for Public Affairs at Planned Parenthood New Hampshire Action Fund.

"If Roe v. Wade were to fall as a result of the Mississippi case at the Supreme Court, abortion would still be legal in New Hampshire before 24 weeks. But our state’s political landscape is shifting, and attacks on abortion access are here--with the Legislature passing and Governor Sununu ultimately signing an abortion ban just this year. We remain steadfast in our dedication to defending reproductive rights, and will use the full firepower of the ACLU to protect them in the Granite State,” said Devon Chaffee, Executive Director of the ACLU of New Hampshire. 

“I am a woman of child-bearing age, with a toddler and infant at home, who was born after Roe made an abortion legal in all fifty states. An environment in which women cannot access the care they need seems unthinkable. Yet here we are at a crisis point in our country, when our constitutional right to an abortion - and indeed our right to be independent members of society and equal members our families and communities - might be taken from millions of us overnight,” stated Senator Rebecca Perkins-Kwoka.

Senator Rebecca Whitley continued, “Like other women my age, I grew up with the knowledge that I would have full control over my reproductive future - a right that allowed me to go to college, law school, have a career, run for office, and become a mother when I was ready. Unfortunately, it is no longer an option for us to count on the US Supreme Court to protect our reproductive rights - now is the time to take proactive action to protect abortion access in New Hampshire.”

“Last year we heard from our legislative colleagues who voted in favor of an abortion ban and an ultrasound mandate that they supported Roe v. Wade. As the future of Roe and constitutional protections for abortion rights hang in the balance, now is the time for legislators across the board to stand up for Granite Staters’ freedom by adopting state level protections for abortion care. The Access to Abortion-care Act, will put abortion rights into state law to ensure that regardless of what happens in the U.S. Supreme Court, abortion will remain safe and legal in New Hampshire,” said Representative Alexis Simpson.

Representative Marjorie Smith added, “The future of abortion access in New Hampshire also requires the repeal of a cruel abortion ban that takes effect January 1, which poses a serious threat to women’s health. Make no mistake, the state of New Hampshire is denying a woman the dignity to make personal, private decisions and instead inserting government into medical choices. I am proud to sponsor legislation that will repeal this cruel abortion ban and restore trust to Granite State women and doctors; it is imperative we do so swiftly.”

“Granite Staters have benefited from the abortion rights established under Roe v. Wade that form the backbone of economic equality and reproductive freedom. With the backdrop of nationwide attacks on reproductive rights and the imminent end of constitutional protections, the actions New Hampshire takes to safeguard abortion access have never been more important. It is critical we work together to repeal New Hampshire’s abortion ban and ultrasound mandate and adopt proactive protections for abortion care - before it’s too late,” said Senator Cindy Rosenwald.

BACKGROUND:

Supreme Court:

• Two U.S. Supreme Court cases could overturn Roe v. Wade, jeopardizing abortion access in our country. By next year, 26 states could lose abortion access, impacting 36 million - or nearly half of U.S. women of reproductive age (18-49) and more people who  can become pregnant. 

  • The Supreme Court heard oral arguments in Texas’ SB 8 on November 1, 2021, although not about the constitutionality of the law. SB 8 is a 6-week abortion ban, which is currently in place. Abortion remains virtually inaccessible in Texas. 

  • The Supreme Court will hear oral arguments in Dobbs v. Jackson Women’s Health Organization on December 1, 2021, which marks the first time in 50 years the Court agreed to hear a case on the constitutionality of a pre-viability abortion ban.

  • There are 16 additional abortion-related cases one step away from the Supreme Court.

What this means for New Hampshire:

• The restrictions on abortion in New Hampshire are clear: starting January 1, 2022, access to abortion at or after 24 weeks is banned, with no exceptions for fatal fetal diagnosis, rape, or incest. There is also a mandatory ultrasound provision for all abortion care at all stages of pregnancy, which is an outrageous legislative overreach, as an ultrasound is not always medically necessary.   

• If Roe was to fall, abortion is still safe and legal in New Hampshire until 24 weeks - for now. A bill to ban abortion would have to pass to further dismantle access to abortion.

• At least three bills filed in the House would further restrict abortion access in New Hampshire (HB1080, HB1181, and LSR 2022-2123),  including a copycat Texas six week abortion ban bill and “allowing the biological father of an unborn child to petition the court for an injunction prohibiting the biological mother from having an abortion.”

• Currently, there are no proactive protections on the right to have an abortion up to 24 weeks, where the state has clearly intervened.

New Hampshire’s Access to Abortion-care Act (AAA)

• House LSR 2022-2704 and Senate LSR 2022-2994 would put abortion rights into state statute. If passed into law, regardless of what happens in the U.S. Supreme Court, abortion will remain safe, legal, and accessible in the Granite State.

• The Access to Abortion-care Act upholds long-held New Hampshire values by enshrining the right to make personal, private health decisions regarding abortion in law. 

• The AAA does not change anything about current New Hampshire abortion laws; it does, however, provide critical protections to ensure that Granite Staters can work with their doctors to get the health care they need in the majority of situations. 

What else is happening in New Hampshire:

• On January 1, the abortion ban and ultrasound mandate signed into law by Governor Sununu as part of the budget package takes effect. 

• Legislation in the House and Senate has been introduced to repeal the abortion ban and ultrasound mandate adopted in HB 2. 

• HB622, a retained bill, was amended to remove the ultrasound requirement and will be on the House floor in early January. 

• A constitutional amendment protecting reproductive health has been filed.

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Planned Parenthood New Hampshire Action Fund (PPNHAF) is an independent, nonpartisan, not-for-profit organization formed as the advocacy and political arm of Planned Parenthood of Northern New England in New Hampshire. The Action Fund engages in educational and electoral activity, including voter education, grassroots organizing, and legislative advocacy.